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In re Cain

United States Bankruptcy Court Appellate Panel for the Sixth Circuit
513 B.R. 316 (2014)


Facts

Andrea Cain (debtor) filed for chapter 7 bankruptcy and obtained a discharge on February 1, 2008. On July 3, 2008, Cain filed for chapter 13 bankruptcy. The chapter 13 plan included a provision to avoid an unsecured second mortgage on Cain’s home held by Amerifirst Home Improvement Financial Company (creditor). The home had a fair market value of $100,800. The senior mortgage on the home was in the amount of $106,306.38. Under federal law, Cain was not eligible for a chapter 13 discharge because she obtained a chapter 7 discharge less than four years prior. When Cain made all payments under the chapter 13 plan, she filed a motion to avoid the unsecured Amerifirst mortgage. The United States Bankruptcy Court for the Northern District of Ohio denied the motion because of the chapter 7 discharge within the previous four years. Cain appealed.

Rule of Law

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Issue

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Holding and Reasoning (Harrison, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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